PUBLIC RECORD OFFICE
C.O.133
Reference -
25
COPYRIGHT PHOTOGRAPH--NOT TO
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PUBLIC RECORD OFFICE, LONGON}
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Penalty Pervotus
authorized for landing
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of them for the purposes of a Gaol and Debtors' Ward respectively and to dedicate the same sites respectively for
any other purposes.
other than those duly said Island called Stone Cutters' Island except a Justice of Peace, an Officer of Police VI. From and after the passing of this Ordinance no Person shall land upon the approaching or such Persons as shall be duly authorized by an order signed by the Colonial Secretary; Hope Cutter' Jaland, and no Vessel shall without sufficient reason approach to within the distance of One hundred yards from the said Island except Police Boats, Commissariat Boats, Boats belonging to Her Majesty's Ships of War, or Boats carrying Justices of the Peace or persons employed in the service of this Government, or persons duly authorized as above; and any Person who, contrary to this Ordinance, shall land on the said Island or shall being in any Vessel wilfully approach within the said distance from the suid Island shall incur a penalty of not exceeding Five hundred Dollars.
How Superintea- dents and Staff for
pointed,
·
VII. Each Gaol shall be under the care and control of an Officer to be styled the tach Gaol to be ap- Superintendent of such Gaol, who shall be assisted by a Stuff to be appointed from time to time by His Excellency the Governor, and such portion of any Gaol as shall be set apart for the confinement of Debtors shall be further subject to the supervision and authority of the Sheriff of the Colony; and it shall be lawful for the Governor to appoint a Superintendent General of Prisons, if he shall think fit.
Rules, &, to be
male.
Gaol Rules now in
mitered as after pro- vided fur.
VIII. All Persons within the said Gaols and Debtors' Wards respectively already constituted or hereafter to be constituted shall be subject to snel general und special Rules and Regulations and to such penalties and punishments respectively as are hereinafter authorized or as shall be laid down and imposed by Rules and Regu- lations to be passed and authorized in manner hereinafter provided.
IX. The Rules now in use for the Regulation of the Gaol of Victoria shall continue use to continue until in force for the Government of all Gaols and Debtors' Wards in this Colony until the same shall be modified as hereinafter provided, and a copy of the said Rules shall be continually displayed within the said Gaols and Debtors' Wards respectively in some conspicuous place where they may be with facility seen and read by the Inmates of the said Gaols and Debtors' Wards, and a Copy shall also be appended to the Justices' Visit- ing Book in every Gaol.
Alteration of Rules
provided.
X. Such Regulations shall be from time to time revised or added to as may be found necessary, and for this purpose it shall be competent for His Excellency the Governor in Executive Council to make such revisions or additions, or for any number of Justices of the Peace, not less than three, of whom a Police Magistrate shall be one to meet, and frame such revisions or additions as may be considered expedient; provided that such ainended Regulations shall not have effect until they shall have been approved by His Excellency the Governor, and it shall the duty of the Police Limitation of Pe- Magistrate to forward such amended Regulations to the Colonial Secretary. Provided ualties in Ruis, de also that no greater penalties shall be imposed for any breach of any Prison Rule than
to the extent hereby provided.
Power of Saperis-
RODES.
XI. It shall be lawful for the Superintendent of any Gaol to punish by Imprison tendent alone to pa- nish refimetury Eri- ment in a Solitary Cell for not exceeding Three Days on Bread and Water or Rice and Water, or, if the Prisoner be under conviction of Felony, to punish by moderate corporal punishment not exceeding Twelve Strokes of a Rattan, any Prisoner whom he may find after due investigation to have been guilty of any of the following offences or of any breach of Prison Regulation or Discipline:
tendent and nation of
intendent insed.
Assault and Battery.
Profane Cursing or Swearing or using indecent, violent or insulting Language. Indecent, irreverent, or disorderly behaviour.
Idleness or Negligence in Work or wilful Damage to or mismanagement of it.
Wilful damage to any Cell, Ward or Room, or to any Gaol Furniture or Property
whatsoever.
Powers of Superio- XII. If a Prisoner be guilty of any of the above Offences or of a breach of Gaol the Peace to punish Regulations or Discipline for the due punishment of which the Superintendent of any when those of Super-Gaol may deem the powers vested in him insufficient, it shall be lawful for such Super- intendent in conjunction with any Justice of the Peace for the said Colony after in- quiry to punish such Prisoner by close or Solitary Confinement on Bread and Water or Rice and Water for not exceeding Fourteen Days, or, if the Prisoner be under con- viction for Felony or have within Three Months next previous been guilty of a similar Offence, by personal correction not exceeding Thirty-six Strokes.
rient.
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fogging, Twelve hours
191 XIII. No corporal punishment shall be inflicted without the written Certificate off punishment he the Medical Officer that the Prisoner can receive the punishment without injury to his wo expire before its in- health; and no such punishment shall be inflicted until after the expiration of Twelve fiction, and exceptions Hours after the Prisoner shall have been sentenced thereto under the two Sections next preceding, and no Corporal Punishment shall be inflicted on any Prisoner confined for debt or on first class misdemeanants.
to such punishment.
XIV. If any Person shall introduce into any Prison or wilfully convey in Penalty be sup
any manner to or within the reach of any Prisoner, whether within or without the Gaol Pers.
plying Articion Walls, any intoxicating Drink, Tobacco, Opium, Letter or other articles not allowed by the Rules of such Prison, he shall pay a penalty not exceeding Twenty-five Dollars, and such articles shall be confiscated.
dent to certain sta→
物
soners to be free from Imposed labour.
XV. When any Magistrate or Court shall sentence a Prisoner to hard labour, the What labour laci- same shall mean hard labour (in chains if necessary) within or without the Prison Walle tences and what Pri in such mode as the Superintendent of such Gaol shall with the sanction of His Excellency the Governor appoint, and if a Prisoner be sentenced to hard labour within the Prison, the same shall mean similar labour imposed in a similar manner within or without the Prison Walls, and if a Prisoner be sentenced to Imprisonment, the same shall mean Imprisonment with labour of such light description within the Prison Walls as may be appointed by the Superintendent under the sanction of His Excellency the Governor; but Prisoners charged with Crime or Offence confined for want of Suretics or to take their trial shall not be under any obligation to labour beyond such labour as may be reasonably proper for the purpose of preparing their own food and keeping their Persons and Dress in a proper state, and keeping their Cells clean. If any Prisoners for Debt or on Civil process or under committal for trial shall request to be employed in labour, the Superintendent of the Gaol inay respectively employ them in such Work as may seem to him suitable.
XVI. All penalties imposed hereby or by any Rules and Regulations to be in Mode of recovering force under this Ordinance shall be sued for and recovered under Ordinance No. 10 of penalties. 1844.
Passed the Legislative Council of Hongkong, this 26th Day of May, 1863. 1. D'ALMADA ɛ CASTRO,
Clerk of Councils.